Colonial Trust Co. v. Austin

This is an action to recover on a promissory note. Error is assigned in the rendition of a judgment of default on motion of the plaintiff for failure of the defendants to plead within seven days after a request by the plaintiff for a pleading made on August 8. The contention of the defendants is that they were not required to file any pleading in August under the provisions of § 86 of the Practice Book and that a motion based upon their failure to comply with the notice furnished no basis for the judgment. Our determination of this issue is decisive of the case and we do not consider other…